Key Benefits:
The public concerned: accounting and power-based agents of social security organizations (local bodies of the general system and the social system of independents).
Purpose: Terms and conditions for the appointment, installation and duration of functions of the Interim Accountant in the event of a timely absence or incapacity of the Accountant.
Entry into force: the text comes into force on the day after its publication.
Notice: the text specifies the rules applicable in the event of absence, incapacity or vacancy of an accounting officer. Except for organizations of agricultural social mutuality, for which the rules in force are not amended, the Director of the competent national agency shall be empowered to appoint the acting accountant.
References: the Social Security Code Amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs and Health,
Vu le Social Security Codeincluding articles L. 122-1, L. 184-1 and L. 283-1;
Having regard to the advice of the Board of the National Health Insurance Fund for Employees dated 8 November 2012;
Having regard to the advice of the Board of Directors of the National Fund of the Independent Social Plan of 8 November 2012;
Having regard to the advice of the Board of Directors of the National Old Age Insurance Fund of Employees dated 13 November 2012;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 13 November 2012;
Having regard to the advice of the Board of Directors of the Central Agency of Social Security Agencies dated 30 November 2012;
Having regard to the advice of the Board of Directors of the Central Fund for Agricultural Social Community dated 7 December 2012;
The State Council (Social Section) heard,
Decrete:
Article R. 122-4 of the Social Security Code is amended as follows:
1° The third paragraph is replaced by the following:
"In the event of a momentary absence or incapacity of the accounting officer, his or her duties are performed by the authority-based.
"In the event that an accounting officer is vacant, the Director General or the Director of the competent national agency shall designate the person responsible for performing the interim until an accountant is appointed. The installation of the Interim Accountant is carried out under the same conditions as that of the Accountant. The duration of his duties is limited to six months. The interim can be renewed twice. Each renewal is carried out on the same terms and for a maximum period of six months. » ;
2° The last paragraph is amended to read:
(a) The words: ", from the old-age insurance fund, disability and sickness of worship, the social plan of the independents and the funds referred to in Article L. 211-1" are deleted;
(b) The paragraph is supplemented by the following sentence: "However, those in the previous paragraph are not applicable to organizations of agricultural social mutuality. »
The last paragraph of section R. 211-1-3 of the same code is deleted.
The last paragraph of section R. 611-17 of the same code is replaced by the following:
"In the event of a momentary absence or incapacity of the accounting officer, his or her duties are performed in accordance with the provisions of section R. 122-4 or by a secondary accounting officer that he or she has previously designated for that purpose. »
The Minister of Economy and Finance, the Minister of Social Affairs and Health and the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 28 December 2012.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Social Affairs
and Health,
Marisol Touraine
Minister of Economy and Finance,
Pierre Moscovici
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Jérôme Cahuzac
